Law Commons^™

The Invalidity Of The 1910 Japan-Korea Annexation Treaty And The Plain Defects Of The Corollaries In Japanese Assertions Of The Sovereign Title To The Dokdo Island, Young K. Kim

Young K Kim

In view of the rule of international law, the Japanese control upon the Korean territories during these 26 years could only been precisely defined as a belligerent occupation. No sovereign title or any legally valid title had ever been entitled to Japan, by this belligerent occupation. So, when the subjection by the Japanese warlords ended, the liberated Korea had immediately resumed the national liberty and the proud cultural heritage. Any vestiges of Japanese control over to the Korean territories should have been eliminated completely, and at once. Removing Japanese warlords from the Korean territory was the only condition for the …

Crow Water Rights Settlement Act Of 2010, United States 111th Congress

Native American Water Rights Settlement Project

Federal Legislation: Title IV: Crow Tribe Water Rights Settlement - Crow Tribe Water Rights Settlement of 2010 in the Claims Resolution Act of 2010 (PL111-291| 124 Stat 3097). The Act ratifies, authorizes, and confirms the water rights 1999 Compact between the Crow Tribe and MT. The DOI Secretary shall promptly execute the Compact and comply with applicable environmental acts and regulations. The Act provides for: 1) the Tribe to a) rehabilitate and improve the Crow Irrigation Project; and b) Reclamation to construct the municipal, rural, and industrial water system; 2) creates a Project Management Committee made up of the Tribe, …

The Responsibility Gap: The Cia, Covert Actions And Violations Of International Law, Angela Huddleston

Angela Huddleston

Throughout the course of the Central Intelligence Agency (CIA), the United States of America has committed covert actions in virtually every major region in the world, particularly during the Cold War. These actions are not without their repercussions and have often led to massive violations of international law and human rights. Yet the US is not held responsible for its actions due to legal deficiencies that allow it to breach some of the most basic rules of international law without accountability. This paper examines the obligations of international law concerning covert actions before turning to state responsibility and highlighting the …

Disputes Related To Healthcare Across National Boundaries: The Potential For Arbitration, Deth Sao

Deth Sao

Trade in international health services has the potential to play a leading role in the global economy, but its rapid growth is impeded by legal barriers. Advances in technology and cross-border movement of people and health services create legal ambiguities and uncertainties for businesses and consumers involved in transnational medical malpractice disputes. Existing legal protections and remedies afforded by traditional judicial frameworks are unable to resolve the following challenges: (1) assertion of personal jurisdiction; (2) choice of forum and law considerations; (3) appropriate theories of liability for injuries and damages arising from innovations in medical care and delivery of health …

Standing In The Age Of Citizen Revolt: Legislative Standing, Direct Democracy, And The Supreme Court, Frank M. Dickerson Iii, Reid M. Bolton

Frank M. Dickerson III

One of the most interesting questions raised by California’s Proposition 8 is the question of standing for ballot-initiative supporters in defensive litigation. This Article addresses the question raised in the Proposition 8 case and the issue of standing for ballot initiative supporters to defend their initiative on appeal more generally. It suggests that such standing for ballot-initiative sponsors is consistent with both prior Supreme Court precedent and the Constitutional and prudential concerns underlying the doctrine of standing.

Introductory Note To The Extraordinary Chambers Of The Courts Of Cambodia: Decision On The Appeals Against The Co-Investigative Judges Order On Joint Criminal Enterprise (Jce), Benjamin E. Brockman-Hawe

Benjamin E. Brockman-Hawe

No abstract provided.

Bifurcation Of Civil Trials, John P. Rowley Iii, Richard G. Moore

University of Richmond Law Review

Despite its widespread and long-standing recognition as a valuable docket-control device, the bifurcation of issues in civil trials has generated considerable debate among legal scholars and judges. The state and federal courts both utilize bifurcation, andthe Supreme Court of Appeals in Virginia recognized the advantages of the procedural device as early as 1915. Nonetheless, authority for the bifurcation of issues in civil trials in Virginia has remained clouded. The Supreme Court of Virginia lifted at least some of the clouds when it decided Allstate Insurance Co. v. Wade, thereby rejecting the position taken in an amicus curiae brief filed …

Questioning The Un's Immunity In The Dutch Courts; Unresolved Issues In The Mothers Of Srebrenica Litigation, Benjamin E. Brockman-Hawe

Benjamin E. Brockman-Hawe

Providing victims with a judicial forum where they can air their grievances and obtain redress for violations of their rights is regarded as the cornerstone of an international culture of accountability, and restrictions on the right of access to a court must not run afoul of international law's prohibition on the denial of justice. The operation of international organisations, on the other hand, is predicated on the notion that shielding them from the normal processes of the law by providing for their immunity before national courts is the only way to ensure their effectiveness. When an international organization tasked with …

Escaping Legal Limbo: Can Illinois Residents Who Entered Into A Legally Recognized Same-Sex Marriage Or Civil Union In Another State Dissolve Their Marriage In Illinois?, Michelle R. Green, Allen Wall, Jacob H. Karaca, Melissa Sereda

Michelle R. Green

Legal limbo: when a same-sex couple in a valid, legally performed marriage performed in a jurisdiction that recognizes such marriages wants to dissolve their marriage, but now lives in a jurisdiction that refuses to recognize their marriage as valid. This article explores the options available to such couples in Illinois and provides a practical roadmap for practitioners that we think provides the best chance of success for their clients seeking to dissolve a same-sex union.

While Illinois courts have not yet determined whether such a couple may lawfully dissolve their marriage in Illinois, many lessons can be gleaned from other …

International Law And Domestic Judicial Procedure: Implementing The Hague Convention On Choice Of Court Agreements In The American Federal System, Carolyn Dubay

Carolyn Dubay

In 2009, the United States became a signatory to the Convention on Choice of Court Agreements (COCCA), drafted under the auspices of the Hague Conference on Private International Law. The stated objective of the Convention was to "promote international trade and investment through enhanced judicial co-operation." Despite these broad goals, COCCA is narrowly drawn to relate only to international commercial disputes subject to a negotiated choice of court agreement. With respect to forum selection clauses in international business-to-business contracts, COCCA creates uniform procedural rules for the enforcement of such clauses in both the courts designated in such clauses (“chosen courts”), …

Extraterritorial Jurisdiction: A Step Towards Eradicating The Trafficking Of Women Into Greece For Forced Prostitution, Vicki Trapalis

Golden Gate University Law Review

The purpose of this article is to provide a survey of the international law instruments presently in existence to combat trafficking of women for forced prostitution. This article will develop suggestions for more effective implementation of existing international obligations. Specifically, this article proposes extraterritorial jurisdiction as an opportunity for international cooperation.

Completing Ely's Representation Reinforcing Theory Of Judicial Review By Accounting For The Constitutional Values Of State Citizenship, Shane Pennington

Shane Pennington

John Hart Ely famously proposed a representation reinforcing theory of judicial review. Ely said that the Constitution embodies certain procedural principles that make the ideal of American representative democracy possible. Thus, where courts find that the political process has broken down, putting that republican goal out of reach, they must step in and exercise judicial review to correct for the procedural breakdown and to reinforce the representational principles the Constitution embodies.

Whether Ely’s theory is constructed on a foundation of sand or stone depends—to a large extent—on the rigor of his conception of “American representative democracy,” which he gleans largely …

Criminal Procedure - Parretti V. United States, Nedia L. Desouza

Golden Gate University Law Review

In Parretti v. United States, the United States Court of Appeals for the Ninth Circuit, sitting en banc, addressed two constitutional claims: (1) whether Giancarlo Parretti's arrest pursuant to an Extradition Treaty with France violated the Fourth Amendment; and (2) whether his detention without bail prior to the French government's request for his extradition violated the Due Process Clause of the Fifth Amendment. The en banc court refused to address these issues, however, claiming that since Parretti fled the United States while his appeal was pending, he was a fugitive from justice. The en banc court therefore dismissed his appeal …

“The Grass That Gets Trampled When Elephants Fight”: Will The Codification Of The Crime Of Aggression Protect Women?, Beth Van Schaack

Beth Van Schaack

This article analyzes the outcome of the Kampala process with an eye toward the rarely-considered gender aspects of the crime of aggression, whether or not the provisions adopted represent an advancement for women, and how aspects of feminist theory might interpret the new regime. The Article concludes that any impact of the provisions will inevitably be limited by gaps and ambiguities in the definition of the crime and the jurisdictional regime, which is premised on state consent and exempts non-states parties altogether. At the same time, the insertion of the crime of aggression in the Rome Statute enables the prosecution …

Federal Jurisdiction, Susan H. Handelman

Golden Gate University Law Review

No abstract provided.

Summaries: Constitutional Law, Tova Zeff, Samuel Santistevan, Martis Mcallister, Douglas M. Buchanan

Golden Gate University Law Review

No abstract provided.

Constitutional Law, James Gaspich, Blaise Curet

Golden Gate University Law Review

No abstract provided.

Indian Law, Mark R. Peterson, May Lee Tong

Golden Gate University Law Review

No abstract provided.

Federal Practice & Procedure, Tom C. Clark, Susan A. Bush

Golden Gate University Law Review

No abstract provided.

Extraterritorial Application Of The Antitrust Laws And Retaliatory Legislation By Foreign Countries, Donald J. Curotto

Golden Gate University Law Review

This Comment will review the United States approach to subject matter jurisdiction determinations in foreign antitrust suits, articulate the provisions of the retaliatory legislation, and finally, evaluate the impact of such legislation on United States antitrust enforcement.

Foreign Citizens As Members Of Transnational Class Actions, Jay Tidmarsh

Jay Tidmarsh

This Article addresses an increasingly important question: When, if ever, should foreign citizens be included as members of an American class action? The existing consensus holds that foreign citizens whose home forum will not recognize an American class judgment should be excluded from membership. Our analysis begins by establishing that this consensus is seriously flawed and misapprehends the nature of the problem. Using standard tools of economic analysis, we then make two arguments. First, the decision to include or exclude foreign class members should be based upon a comparison of costs and benefits: in particular, the costs generated by foreign …

The U.B.S. Case: The U.S. Attack On Swiss Banking Sovereignty, Beckett G. Cantley

Beckett G Cantley

On August 1, 2006, the United States Senate’s Permanent Subcommittee on Investigations (“PSI”), a branch of the Committee on Homeland Security and Governmental Affairs, released a report in conjunction with a Senate hearing that revealed alarming statistics regarding wealthy Americans’ love affair with offshore banking. The PSI report was a culmination of the subcommittee’s investigation into tax haven abuses, providing the most detailed look to date of high-level tax schemes. The report revealed such an alarming number of rich Americans are using offshore accounts to evade taxes that law enforcement is unable to control the growing misconduct. Senator Carl Levin …

The International Criminal Court: Bottlenecks To Individual Criminal Liability In The Rome Statute, Remigius Oraeki Chibueze

Annual Survey of International & Comparative Law

This paper highlights some of the inherent bottlenecks in the exercise of ICC jurisdiction that may diminish the Court's ability to uphold the principle of individual criminal liability. In particular, this paper will analyze the principle of complementarity between the ICC and States Parties to the ICC Statute. Additionally, the legality of the so called Article 98 Immunity Agreement will be discussed. This paper without equivocation contends that the conclusion of Article 98 immunity agreement by ICC States Parties is a clear violation of their obligation to cooperate with the Court and to arrest and surrender suspects to the Court. …

Procedure, Substance, And Erie, Jay Tidmarsh

Jay Tidmarsh

This article examines the relationship between procedure and substance, and the way in which that relationship affects Erie questions. It first suggests that “procedure” should be understood in terms of process — in other words, in terms of the way that it changes the substance of the law and the value of legal claims. It then argues that the traditional view that the definitions of “procedure” and “substance change with the context — a pillar on which present Erie analysis is based — is wrong. Finally, it suggests a single process-based principle that reconciles all of the Supreme Court’s “procedural …

Federal Practice And Procedure, Edward Willner, Edmund Scott, Susan J. Adler, Michael J. Walker

Golden Gate University Law Review

No abstract provided.

Ending The Korematsu Era: A Modern Approach, Craig Green

Roger Craig Green

This Article seeks to transform how readers think of Korematsu v. United States, thereby offering a more accurate view of the past and stronger barriers against presidential abuse. Korematsu is conventionally listed among the worst cases in American law, but its wrongness is understood far too narrowly. If Korematsu were just a case about racist internments, it would be a truly unique blot in Supreme Court history: powerfully mistaken but almost completely irrelevant to modern legal disputes.

Despite Korematsu’s extraordinary facts, the case stands in a thematic cluster of cases from World War II that I will call the “Korematsu …

The Pedagogy Of Violence, Yxta M. Murray

Yxta M. Murray

In The Pedagogy of Violence, I develop a legal theory of the ways in which human beings teach each other to be violent. I am responding to the “contagion of violence” theory advocated by legal theorists such as Colin Loftin and Dr. Jeffrey Fagan, who argue that violence is akin to a contagious disease. Using disease as their paradigm, Loftin and Fagan contend that courts and political institutions should address the problem of violence through what they call the “epidemiological” approach; that is, they say that violence should be addressed as a public health problem. Though I do not take …

The Uses Of Indispensable Sovereigns: Pimentel And The Evolution Of Rule 19, Katherine J. Florey

Katherine J. Florey

This Article attempts to fill some of the gap in academic treatment of Rule 19 by considering an important and timely issue in the Rule’s application. It makes the argument that, while Rule 19 was originally intended to facilitate the consolidation of litigation by authorizing mandatory joinder of absent parties, it has evolved in an important subset of cases to serve a nearly opposite purpose. That is, in many cases where a party may be affected by the litigation but cannot be joined because it is a sovereign possessing immunity from suit, courts have developed a near-categorical rule that the …

Indispensable Sovereigns: Pimentel, Abstention, And The Uses Of Rule 19, Katherine J. Florey

Katherine J. Florey

This Article attempts to fill some of the gap in academic treatment of Rule 19 by considering an important and timely issue in the Rule’s application. It makes the argument that, while Rule 19 was originally intended to facilitate the consolidation of litigation by authorizing mandatory joinder of absent parties, it has evolved in an important subset of cases to serve a nearly opposite purpose. That is, in many cases where a party may be affected by the litigation but cannot be joined because it is a sovereign possessing immunity from suit, courts have developed a near-categorical rule that the …

Bringing Peace To Darfur And Uganda: A Matter For Sovereign States Or The Icc?, Kate Allan Miss

Kate Allan Miss

Sudan and Uganda challenge our notions of peace and justice. Decades of conflict have left millions dead and displaced. Should the international community react? Should it prosecute? Or should it be deferent to domestic efforts to instill peace through negotiation and amnesty?

The International Criminal Court has assumed jurisdiction over the situations in Sudan and Uganda. The adoption of the ICC Statute at the Rome Conference in 1998 was a landmark event in international law. It expressed States’ intention to cede what was guardedly reserved as a sovereign power to prosecute in exchange for international justice and the prevention of …